EB3 to EB2 with I-485 pending for more than 3 years and I-140 approved

D

dnaren

Registered Users (C)
My PD is JULY 2002 and my application was filed (concurrent I-485 and I-140) under EB3 category. I-140 was approved and I-485 is pending.

My H1-B has been extended by another 3 years after 6 year period. (Valid till 05/2009).

I have two MS degrees (Mathematics and CS) and I am eligible to apply under EB2 category. My HR department is hopeless. Can I ask them to change the category of my application by submitting a new I-140 under EB2 category and attach it to my existing I-485? Is this possible?

I am thinking of switching jobs. Can the new employer file a new I-140 under EB2 category and retain my original PD (JULY 2002)?

I am not able to apply my wife's I-485 and EAD because of EB3 retrogression.

Any help/suggestions are highly appreciated.

Thanks,
Naren.
 
Yes, the new employer can apply for PERM EB2 (if the new job requires EB2 qualifications) and you can retain the EB3 PD when you apply new I-140 based on EB2.
 
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